Publications Related to the Philosophy, Theory and Sociology of Law

This working paper served as a basis for the preface of the book: Magalie Flores-Lonjou and Estelle Épinoux (ed.),  La famille au cinéma. Regards juridiques et esthétiques ("Family in Cinema. Legal and Aesthetic Perspectives"), pref. Marie-Anne Frison-Roche, coll. "Droit et Cinéma", Éditions Mare et Martin, 2016. Since the transmission of the text, this working paper has been updated many times.  It contains links towards approximatively 90 movies which appears relevant to me for this topic. 

Law is a reconstruction of the world through definitions and categories, expressed in words, to which are imputed rules. There is always a share of invention in Law, articulated to a share of fidelity to the concrete world that it retranscribes, a combination enabling Law to regulate the latter. Law is put in difficulty by what the term "data", quite new, is not easy to define. The fact that it is strangely formulated in Latin to show that there is plurality, the data, before associating it with an English adjective when there are many, the "big data", does not advance us more on what a "data" is. Law is a practical art that works well only if it manipulates categories whose definition is mastered. This is why, in a first stage, we must recognize the uncertainties of the very notions of "data" (I), in order to orientate the adequate rules in the second step towards what is a given, namely a "pure" value in our consumer information society (II).   Read the article written in French on the basis à this working paper

Full reference: Frison-Roche, M.A., Généralités sur le principe du contradictoire. Étude de droit processuel, coll. "Anthologie du Droit", Lextenso – LGDJ éditions, 2014, 221 p. - Republished from Généralités sur le principe du contradictoire », Étude de droit processuel, Th. Paris II, 1988.  This book is the publication of a thèse d'Etat (French official thesis) written under the direction of Jean Foyer and defended in the Panthéon-Assas University (Paris II) face to a jury made up among others of François Terré, René Chapus, Gérard Cornu, Geneviève Viney.  The main idea is to defend that the principle of contradictory is a simple and fundamental principle, without which there is no Law. It is the reason it is obvious to study it as in civil procedure as in criminal, administrative or arbitrary procedures, to take back a "Procedural Law" perspective conceived by Motulsky. Indeed, without a judge listening without having already decided the facts and Law versions that presents who's the situation will be affected by the decision that the judge will make, there is no rule of Law.  The main beneficiary of the principle of contradictory, it is not really the person, and it is in this that the contradictory is detached from the rights of the defense, it is the judge. Indeed, emphasizing contradictory versions of Law and facts which collide in front of him or her, the judge perceives more exactly and more fairly the world and the use of Law that he or she should favor. Thus, Law is better used. In this, we can consider that the principle of contradictory is consubstantial to Law. Read the summary (in French) Read the introduction (in French) Read the table of contents (in French)

The family is built on one basic idea which is so powerful that legal rules are organised around it as spontanely. But if the paradigm is changing, then all the rules change with the strength of the evidence. However, in the 1970s, we changed paradigm. Previously, for millennia, the basic idea was the family as a group. Depending on the time or period, the group has varied in its contours, squares and powers granted to individual members, but the idea of group was acquired. Family was a group which was a part of the social group, kept by the State. From the 1970s, the family becomes the developed project done by a free and independent person. This project designed by a person wishing to build family that suits him or her will result in the fact that the individual meets other individuals whose family project crosses his or her. Contract becomes the perfect tool for these home-made families This desires adjustment corresponds to the market model. Concretely, market of ideal family provides services for satisfaction of various projects, all legitimate as expression of desir. The sufficient link between individuals  is affection and will, the center is the child. The market offers new perspectives, such as ideal partner and even more perfect child, becoming jewel. The idea of ​​Market has triumphed.

► Full Reference: M.-A. Frison-Roche & R. Sève (ed.), Le Droit au féminin (Law in the feminine), L'Année Sociologique, vol. 53, 2003, No. 1, 256 p. - ► read the backcover (in French) - ► read the table of content (in French) - 📕read the general presentation by Marie-Anne Frison-Roche and René Sève - 📝read the article of Marie-Anne Frison-Roche : "L'art législatif et la personne située dans la législation française relative aux femmes" ("Legislative art and the situated person in French legislation relating to women") -

► Full Reference: J.-M. Chevalier, I. Ekeland, M.-A. Frison-Roche & M. Kalika, Internet et nos fondamentaux ("Internet and our Fondamentals"), PUF, 2000, 128 p. - ► English general presentation of this book and its summary: The Internet creates an impression of extreme novelty. Indeed, the fundamentals, have changed, as much in economics, management as in law. e-management, e-commerce, e-finance: all disciplines must rebuild their rules, so that the behaviours of actors are in a new way framed. The Internet is not just a new way of communicating. It introduces new behaviours, new rules, some say a new world, perhaps a new life for pioneers of a new kind. This impression of extreme newness is the sign of a revolution, because the facts about the Internet do not seem to be explainable by any previously established rule: the principles to which we must refer have changed, the fundamentals that enable us to translate the world into abstractions, to understand it and to dominate it, are in mutation. How can we understand the Internet? Not necessarily by delving into its technical and everyday aspects, but by confronting it with the fundamentals of the various disciplines in order to measure which key notions the Internet is abusing, which it is destroying and which it is imposing. What remains of our ways of thinking and practising science, law, economics and management? What are these disciplines built on? How can we understand them and bring them together again, under the impact of the Internet? The ambition of this book is to shed light on these new fundamentals, to tackle the conceptual revolution that Internet technology is bringing with it.     -   Content : Introduction, p. 7 Internet et la recherche en sciences exactes et naturelles ("The Internet and research in the natural sciences"), p. 19 Les bouleversements du droit par Internet ("The upheaval of law caused by the Internet"), p. 37 Les fondements des sciences économiques interpellés par Internent ("The foundations of economics challenged by the Internet"), p. 77 Internet et les sciences de gestion : l’émergence du e-management ("The Internet and management sciences: the emergence of e-management"), p. 103 -  

► Full Reference: M.-A. Frison-Roche, in collaboration with Serge Bories, "La jurisprudence massive" ("The Massive Jurisprudence"), D. 1993, chron., pp. 287-330 - 📝read the article (in French) - ► English Summary of the article: The term "jurisprudence" is likely to have several meanings: on the one hand, jurisprudence stricto sensu, that emanating from the High Courts; on the other hand, "massive jurisprudence", designating all legal decisions rendered by the courts. This study of "mass case law" is divided into two parts: the first sets out the advantages of analysing mass judgments (I.), and the second develops the method that should be used to study these judgments (II.). The analysis of massive jurisprudence is of threefold interest: educational, scientific and practical. Educational, in that it provides a more concrete, comprehensive and detailed view of the subject being taught. Scientific, in that it provides a global perspective, making it possible to take a closer look at reality and thus analyse the phenomena of pluralism in case law and anticipate 'elite case law' or legislative developments. And lastly, it is practical, in that it enables legislators to learn as quickly as possible about the practical application of the law and its consequences, so that they can potentially react to counter any perverse effects and/or use this information to adapt their legal policy decisions. The analysis method involves 3 stages. Firstly, a prior qualitative analysis of the banal judgment must be carried out, based on the extraction of key words and concepts contained in the decision, in order to transform the raw information into data. Next, categories of analysis need to be established, based on the structure of the data collected and the research hypotheses, in order to process the mass of refined data collected. It is also essential to have access to all the data used to adopt the decision. In the final stage, complementary methods, such as studying the case file or interviewing magistrates, should be added to the textual analysis. - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law